





.-^ 



J' . ^^.rnufmtL •* "^ 






•j^:5?v\k^* o d^ *VvK%>,-' 



\V . " • 






X^'^S-V"" "v^^V^ \J*^^\/'' "v*^ 

K: %/ :'^^ -"--/ ''life': %/ -^A'. "^-^^ 



.-^ 
.v-^^ 











J, 



r 



^ 23'- 



SPEECH 



OF 



y 



BENJAMIN BARSTO^T 

OF SALEM, _ 



ON THE 



LT£t 



lil^' 



OF 



CALEB CUSHING. 



uB 



'elivered at the Massachusetts National 
Democratic Convention, held at 
Boston, Sept. 22, 1853. 



TO 

FRANKlsIN FIERCE : 

Our chief of men, who, through a cloud 

Kot of war only, but detractions rude, 

Guided by faith and matchless fortitude, 

To peace and truth thy glorious way hast ploughed. 

* * * * * ♦ 

Yet much remains ' 

To conquer still; Peace hath her victories. 
No less renowned than War ; new foes arise, 
Threatening to bind our souls in secular chains. 
Help us to save free conscience from the paw 
Of hireling wolves whose gospel is their maw. 

[MlUON — SOKSET TO CrOMWEII, 



BOSTON: 

PUBLISHED AT THE OFFICE OF THE NATIONAL DEMOCPiAT, 

No. 15 Brattle, Street. 

iS5S. 



•7 

■ If ^6 



W^^ Co 



SPEECH. 



The National Democralic State Convention 
for Massachusetts met at Boston, at the Tre- 
raont Temple, September 22d, 1853. 

After the organizttion and the choice of Com- 
mittees, Mr. Benjamin Bakstow of Salem 
rose to make a personal explanation, request- 
ing the indulgence of the Convention there- 
for. 

The President decided that leave must be 
requested of the Convention, and, on motion, 
Mr. Barstow was allowed to proceed. He 
spoke as follows : 

Mr. President and GentlcvieJi : — I rise 
to a personal question, to make an explana 
tion, and, as it may occupy some time, I ask 
Tour indulgence. I have been infornied that 
I have been denounced to different members 
of the State Committee, and the National 
Democratic party of Massachusetts, for opin- 
ions which I saw fit to exprfss during the 
early part of March last, in reference to the 
Hon. Caleb Cushing, while I was on a visit 
to Washington ; and it has been stated that 
the State Committee and the whole party 
should. 1*6 held ^ resjjonsiblc for what I said. 
1 UocfffC ihege cirejiijWtaiJees, feeling that I 
may have involved you and those you repre 
;'«etttjt J'.fe<!l bwind -to; s^ite to you what I did 
* 'say; irhd togive you my reasons fur doing so 
Upon the announcement that the Hon. Ca 
leb Cushing was to be a member of the Cabi- 
net, feeling indignant that the National De- 
mocracy of New England should be so mis- 
represented as it would bo by one whose 
career for the greater part of his life has been 
in the Whig party, and whom I believe at 
the present time to be as much a Whig as 



ever, T accused him openly of being such, 
and also what is equally weW known in Mas- 
sachusetts, — of being a Coalitionist. For 
this, it seems, I incurred the wrath of that 
gentleman, and members of the State Com- 
niittte were told by him that unless they stop- 
ped " that beardless boy," the whole party 
should be held responsible. If Gen. Cushing 
thinks a 'beardless man" a finer looking ob- 
ject than a 'beardless boy," he is welcome 
to his taste ; but as to the charge of }outh, I 
will say, that it has been my good fortune to 
have been a member of the Democratic party 
for twenty four years longer than Caleb Cush- 
ing, even taking his own dates, and I have 
only to refer him to his own defence against 
the !-ame charge, in a statement over his name, 
accompanying a certain notorious affidavit in 
182G, in which he says: 

" I am also accused ofyouth and ambition. 
As for the heinous fault of not being an old 
man, I may say with Chatham, in his youth, 
that I hope time will mend it; and that the 
charge comes with ill grace from ,«ome to 
whom age has arrived without wisdom. But 
in seriousness, it is needless to be wiser than 
the constitution." 

Before proceeding with the charges I made 
against General Cushing, I wish to call your 
attention to the gross injustice of attempting 
to throw upon my shoulders, and to attribute 
to any remarks of mine, a line of policy which 
extends throughout the whole North, and was 
determined upon a long time previously. I 
wish also to state, tu avoid any false imputa- 
tions, thar I have never been an applicant for 
any office. State or national, directly or indi- 
rectly, nor has my nan;e ever been used as 



such, to my knowledge : and in reference to I upon tbe Democracy, one of which resolutions 
the coalition, I will say, that in 1849, when 
it was first formed, believing it to extend to 
State pui poses alone, I warmly adopfed it ; 
but iinmedi itcly upon discovering its connex- 
ion with the slavery question, I as warmly 
opposed it, and have done so ever since. 

And now, gentlemen, I charge Caleb Gush- 
ing with deceiving the President, with being 
a Whig, a Coaliiioni;-t, and ab<tIition agitator. 

And first, as to deceiving the President. 
Let us see what Franklin Pierce stood p edg- 
ed to do upon commencing bis administrative 
carter. If he has pledged himself to one 
thing, and hiis done another, either he has 
broken his promises or he has been deceived 
in his agents. 

In the summer or fall of 1850, the Demo- 
e/atie party of New H.itupsliire, under the 
immediate lead of Franklin Pierce, assembled 
in State Conx'ention, and rejecting Jo!in At 
wood, the nominee of the regular annual con- 
vention, nominated another gentleman in his 
plac'. Why? Because John At wood and 
his friends had formed a coaliMon with the 
Free Soilers of New Hampshire, for the pur 



was as follows : 

Resolved, That all those who assent to any 
such bargain or consent to pay any such price, 
must bear in mind that any Freesoil Senator, 
if elected, would be n« cessarily an opponent 
of the next administration, should that admin- 
istration be — as it probably will be — Demo- 
cra ic, and that all those who class themselves 
as the frii nd.s of such a Senator, and who are 
instrumental in his election, must necessarily 
also be opponents of the next, Democratic ad- 
n-inistrntion, and of the distinguished men of 
whnm it is composed, and by whom it will be 
supported, and must be piepared to take all 
the necessary cont-equences of that position. 

These resolutions were published in the 
Boston Post of the 9ih of January, and tbe 
mail from Concord next ensuing brought a 
letter froni Gen Pierce written with his cha- 
racteristic impulsiveness, warmly approving 
the resolutions, and the stand taken by the 
Salem Democraey, saying — '"He was so pleas- 
ed he Cfiuld rot help sitting down to let us 
know." and complimenting us strongly on 
our Democracy and patri-itism. 

Here was a virtual adhesion to the pnli y 
laid down in the resolutions, and it sustained 



pose of eltcting that gentleman Governor ofj i.is in our uuwaveiing opposition to th ■ Coa 
the State, and of defeating the operution of lition. 
the compromise measures, and the Democra 
tic piirty. By so doing. General Pi rce ob- 
tained the confidence of the Union men of the 
oountry, and succeeded eventually in bi coin- 
ing President By this he pledged himself 
against (oalition,s with Free Soilers and in 
fdvorofthe Nation:! Democracy. 

In the spiing of 1851, the coalition in 
Massae'^usett^, which had been formed t e 
previous fall, was pcifcted by ;in agrcemei.t 
nmde ou the 6 h il.iy of January between the 
Free Sial ai.d Dcuocratie r< presentatives io 
the Legislature, to the tlteet that Chas Suii - 
ner should receive the votes of the Democra 
tic pajty fur United Sta'es Senator. The 
Democraey of the city o*" Salem held a meet- 
ing on the 7th day of that month — the en 
^uing evening — and passed a series of reso 
luiions denouncing the birgain as a f:au'l 



The B dtiiiiore Convention met in June, 
1852 and adopted a phi -form w irmly s-us- 
taining the Compromise measures, •^r\(\ dfcid- 
ing that no one who oppnsod t'lo-e me su'es 
i)e!origed to the Democratic pti'y As if ro 
leave no loom for doubt as to tlieir uieaning, 
'.they proceedi d to reji et the Hon Robert 
Haii'ou!, Jr , a leadinii Ci a'itionist and Free 
Soil Democrat, solely upon the ground of his 
opinions on th(^ compromise measures and his 
part in too Massachusetts Coalition, and this 
tf.o by the decisive vote of 194 to 83, thus 
leaving no room to doubt that the compromise 
mea-utes formed an essential part of the De- 
mocratic creed. 

Gen. Pie)ce, in accepting the nomination 
then tendered to him, says, in his letter of 
June 17th, 1852 — ' May I not regard it as 
a fact jointirrg to the overthrow of sectional 



jealousies," and proceeds to say — "I accept 
the nomination upon the platform adopted by 
the convention, not because this is expected 
of me as a candidate, but, because the prin- 
ciples it embraces command the approbation 
of my judgment ; and with them, I believe I 
can safely say, there has been no word nor act 
of my life in conflict." 

Thus again, in this last sentence, he pledges 
himself that the rejection of all coalitions with 
Free Soilers, and the proscription of such 
men as John Atwood, form part of the plat- 
form laid down at Baltimore, and will form 
part of his course if elected. Thus repeated- 
ly he pledges himself to sustain pure national 
Democracy, untinctured by Free Soilism. 

Now what has been the course of the Ad- 
ministration? Look at the appointments which 
have been made in this State. Multitudes 
of cases, known to all of you, might be brought 
up, to show the Free Suil inclinations of the 
appointing power, whoever that may be. I 
shall conSne myself to what has been passing 
under my own eyes, and in my own county 
of Essex — the county of Caleb Gushing also. 

On the 26th of May, Lewis Josselyn of 
Lynn was appointed the Surveyor of the port 
of Salem and Beverly. This Josselyn is too 
well known to require a long description. He 
has always been conspicuous for his Free Soil 
inelinations. He was an early and an able 
advocate for the coalition, and upon its suc- 
cess received the office of Clerk of the House 
of Ecpresentativos for himself, and Assistant 
Clerk for his son, which netted not far from 
^2000 a year ; he has edited for some years 
the Lynn Bay State, a paper of the strongest 
Free Soil tendency, and as such, has com- 
mented freely upon the politics of this and the 
neighboring States. 1 shall select, as pertin- 
ent to the occasion, his paper of March 20, 
1851, in which he comments upon the result 
of the election in New Hampshire, after the 
rejection of John Atwood. Now as this was 
Gen. Pierce's act, and as the President says 
in his letter accepting his nomination, that it 
was identical in principle with the Baltimore 



Platform, it will show the beautiful harmony 
between the President and his appointees ; 

" It is not a pleasant task for us, under any 
circumstances, to record the defeat of the De- 
mocracy in any State in the Union. But there 
are circumstances connected with the late elec- 
tion in the Granite S'ate, and the defeat of 
the 'Old Hunker' Democrats, which go very 
far to make us reconciled with the result, and 
even to believe that ' it is all for the best,' 
and that ' great good will grow out of it.' " 

It quotes from the Majichester Democrat, 
speaking of Franklin Pierce and others : 

" When .some ten weeks ago, certain /aZ.^e- 
hearted and self-elected Democratic leaders 
proclaimed that every man should be thrown 
overboard who would not vow to support the 
fugitive slave law, they were distinctly told 
that this step would bring defeat upon the 
party, and give at least two Congressional dis- 
tricts to the Whigs. But no — the commands 
of Daniel Webster and Franklin Pierce 
Tmist be obeyed — the common people are in- 
sultingly told that they are incapable of judg- 
ing of the merits of this law — the bargain at 
Franklin must be carried out, and the slave- 
holders ujufat be propitiated." 

Again the Bay State says : 

"No set of leaders by offers of reward or 
threats of vengeance, can induce the mass of 
the Democratic party to abandon their cher- 
ished hopes of tbe advancement of Humanity, 
and their firm reliance on the eternal princi- 
ples of Justice and Liberty, which are the 
foundation of true Democracy [of course the 
surveyorship will not induce Mr. Josselyn.] 
And we admire the spirit with which thous- 
ands of good and true Democrats in the Gra- 
nite State have come forward in this election 
and have said to those who would reduce 
them to a political bondage as degrading as 
African slavery, ' Thu;^ far shalt thou go and 
no further.' " 

Again he says : 

" Do the Democratic leaders in NewHamj)- 
shire, or any other State, mean to make tLe 
' coui promise measures ' and the Fugitive 
Slave law a test in the next Presidential 
election? Is every Democrat to be thrown 
over who is opposed to that ' bill of abomina- 
tions?' It will be difficult to find a place 
large enough to put them in — and there would 
not be an omnibus full left of the party." 



An annonncement appeared in the Bay 
State that the editor was about to publish a 
daily paper in Salem, and shortly after, on 
the 26th of May, he received an appointment 
as Surveyor. 

Another appoititiBcnt is that of G. J. L 
Colby, editor of the Newburyport Union, 
who was appointed Storekeeper and Inspec- 
tor at Salern, an office worth, by the Blue 
Book, near $1500 a year. This Colby was, 
as he says, a member of the Liberty party in 
1842-3, and implies that he is of the same 
sentiments still, although he has no confid- 
ence in the men of that organization. He 
has also been accused of delivering Aati- 
Slavery lectures in various places, which he 
admits in his paper of June 16, 1853, and 
expresses strong approbation of the princi- 
ples of the old Liberty party, and his sym- 
pathies have always been like Josselyn's. 
The Union newspaper, under his charge, has 
always been a strong advocate for the coali- 
tion, and being well known at Washington, 
he received his appointment. But I cannot 
resist the temptation to allude to one more 
appointment — that of George B. Loring, as 
Postmaster of Salem. This gentleman was 
a Candidate for Collector of that port, and 
bis appointment was opposed by 99 out of a 
hundred of the party. A remonstrance was 
signed by 350 of the Coalition and National 
Democrats of Salem and Beverly, against his 
appointment, as being odious to the party 
and citizens generally, and the obliquity of 
his political course fully exposed. This was 
sent to Washington, but he was appointed 
Postmaster notwithstanding. This g<;ntle- 
man was a warm supporter of Robert llan- 
toul, Jr., till his death — a Vice President of 
the Lynn meeting, at which Mr. B. joined 
the Abolitionists — a warm Coalitionist and 
an eager office-seeker. At the Convention 
which chose a delegate, who unseated Mr. 
Rautoul at Baltimore, Mr. Loring made an 
idle and weak attempt to break up the Con- 
vention, of which he was not a member, but 
an intruder. Mr. LoriDoj held two offices 



from the Coalition, as appears from the fol- 
lowing letter from the Secretary of State, and 
became a furious National Democrat just a 
fortnight before the Presidential election : 

Secretary's Office, Boston, ) 
January 22d, 1853. ( 
Sir : — In answer to yours of the 21st inst., 
I am able to state that George B. Loring of 
Salem, was appointed a Commissioner July 
3d. 1S52, under a resolve of that year, ch. 
98. providing " for t^e appointment of Com- 
missioners to examine Cape Cod Harbor." 

George B. Loring, of Chelsea, was ap- 
pointed a Trustee of the School for training 
and teaching Idiots, June 16, 1851, and re- 
appointed May Uth, 1852. 

Very respectfully, your ob't serv't, 
E. M. WRIGHT, 
Secretary of the Commonwealth. 
Benjamin Bakstow, Esq, Salem. 

The Com?)ionweaUk newspaper, ia Boston, 
in October 1852, says : 

" We have in our possession an anti-slave- 
ry pamphlet written by Dr. Loring of Salem, 
not many years since, in opposition to some 
pro slavery articles in the Boston Post. Dr. 
Loring was then a respectable abolitionist. 
We do not clearly understand what has con- 
verted him into a Hunker Democrat. Some 
folks in Salem think they do." 

This charge of authorship, though fre- 
quently reiterated in public prints and else- 
where, has never been denied by that gentle- 
man It has been my good fortune to pro- 
cure a copy of this pamphlet, which fully jus- 
tifies the remarks of the Commonwealth, but 
which I will spare you, having more import- 
ant matter to lay before you. 

The appointments of Messrs. Josselyn and 
Loring will come before the Senate in De- 
cember. 

The Hon. Caleb Gushing was selected to 
represent New England in the Cabinet As 
a general thing, the appointments in each 
section of the country would necessarily be 
approved by the representative in the Cabi- 
net, or he would resign. But we have parti- 
cular proof of the interest felt in some of 
these appointments by the gentleman referred 
to- 



The records of the City Clerk at Ljnrj 
show that the Bay State newspaper (Mr 
Josselyn's) is under a mortgage to Hon. John 
B. Alley, the Free Soil candidate for Con- 
gress in lS-52, for one thousand dollars, as 
a j pears by the following : 

Know all men by these presents, that T, 
Lewis Josselyn, of Lynn, in the county of 
Essex, State of Massachusetts, in considera- 
tion of the sum of one thousand dollars, to 
me paid by John B. Alley, of said Lynn, 
the receipt whereof is hereby acknowledged, 
have granted, bargained and sold, and by 
these presents do grant, bargain, and sell un 
to the said Alley, the whole and entire priut- 
ing establishment known as the Bay State of 
fice, situated in Union street, in said Lynn, 
being the same establishment which 1 pur- 
chased of John B. Tolman, October first, A 
D. LS49, and of which a schedule appears in 
a mortgage made to the said Tolman, October 
1st, 1849, and recorded in Lynn Town Rec- 
ords, Book 5, pages 72 to 77, which sche- 
dule is to be referred to as a pait of this 
mortgage. To have and to hold the afoie ''os 
cribed goods and chattels, to the said All< y, 
to his executors, administrators, and assigns, 
forever. And I the said Josselyn, do avouch 
myself to be the lawful ownt-r of said goods 
and chattels, and have good right to sell and 
dispose of the same in manner aforesaid. 

Provided nevertheless, that if the said 
Lewis Josselyn, bis executors, or adminis- 
trators or assigns, shall pay unto the said Al- 
ley, his executors or administrators, the said 
sun of one thousand dollars, as fuliows, to wit 
— five hundred dollars in six months and five 
hundred in twelve months from the date here- 
of, then this mortgage, as also two promissory 
noies bearing even date hercwitli, si:zned by 
the said Josselyn, whereby he promi.-es, &c., 
shall be void. 

In witness whereof, T, the s.-ii 1 Lmvis Jos- 
selyn, have subscribed the sanjo, this second 
day of October, in the year of our Lord one 
thousand eight hundred and fifty-one. 

Lewis Josselyn. 

Executed and delivered in presence of J. 
R. Newiiall. 

Recorded October 7th, 1853, 30 minutes 
past 5, P. M. 

Another mortgage from Lewis Josselyn to 

John B. Alley, dated June 14lh, 11^53, of— 

The power printing press on which the 
Bay State newspaper is printed, together 



with all the types and other printing; materi- 
als vvhich have been added to the Bay State 
printing office in said L\nn, since the second 
day (f October, A. D. 1851. 

Provided nevertheless, that this convey- 
ance shall be void and of no effect if the said 
Josselyn, his executors or administrators, shall 
pay unto the said Alley, his executors, and 
administrators or assigns, the sum of one 
thousand dollars and interest at the time fol- 
lowing, to wit : on demand, and for which 
sum and interest, I, the said Josselyn, have 
given two promissory notes, bearing date Oct. 
2d, 1851, signed by myself, and made pay- 
able to the said Alley or his oider ; one of 
said notes being made payable six months 
from its date, and the other in twelve months 
from its date ; the said notes being overdue, 
this mortgage is given as additional security 
to another mortgage, dated the second day of 
October, 1851, and when the said notes and 
interest are paid then both mortgages aie to 
be void. 

Signed Lewis Josselyn. 

Tn witness. &e. 

Tn presence of J R. Newiiall. 

Recorded June 21st, 1852, fifteen minutes 
past 2 P. M. 

I am credibly informed that a letter was 
received by Mr. Alley from Mr. Cashing, in 
substance, requesting him to come to Wash- 
ington. Mr. Alley went to Washington, and 
Mr. Josselyn was appointed immediately af- 
ter. The mortgage must be paid,, but in the 
meantime, as appears above, was strengthen- 
ed by another mortgage to the same gentle- 
man, under date of June 14th, 1853, pro- 
bably as a consideration for the office I'e- 
ceived. 

I have the best information tb.-it the Ncif- 
iuryport Union newspaper was. at the time 
of the appointment of Mi. Colby, its editor, 
mortgaged to Hon. Caleb Cushing for the 
sura of seven hundred and fifty dollars, as fol- 
lows : 

Know all men by these presents, that we, 
Edwin Lawrence, William II. Huse and Jo- 
seph H. Bragdon, all of Newbaryport, in the 
county of Essex, and Commonwealth of Ma.s- 
saehusetts, for and in consideration of the 
sum of two hundred and fifty dollars, paid 
by Caleb CirsiiiNO, of said Ncwburyport, the 
receipt whereof we hereby acknowledge, have 
granted, sold and assigned, and do by these 



presents grant, sell and assign unto the said 
Caleb Cui-hing, the following described 
Goods and Chattels, viz., the materials of 
the Daily Union Printing Office, situated in 
the building numbered 3G in said State 
Street, with two Tufts Patent Printing 
Presses, nearly new, now in use in said 
office, (it being understood between the par- 
ties that said property is free of incumbrance 
saving and exceptintr a mortgage of eiglit 
bundled dollars to Charles Nason ; on the 
third part of said goods and chattels belopg- 
ing tu said Edwin Lawrence, which said 
mortgage is not a lien upon the other two- 
thirds of said property. ) 

To have and to hold the aforedescribed 
Goods and Chattels to the said Caleb Cusii- 
ING, his executors, admini.'-trators and assigns 
forever. And we, the said Lawrence, Huse 
and Bragdon, do avouch ourselves to be the 
lawful owners of said goods and chattels, and 
have good right to sell and dispose of the 
same in manner aforesaid, excepting as above 
stated. 

Provided, nevertheless, that if the said 
Edwin Lawrence, William H. Huse and Jo- 
seph H. Bragdon, their executors or adminis- 
trators, shall pay unto the said Caleb Gush- 
ing, his executors, administrators or assigns, 
the said sum of two hundred and fifty dollars, 
according to the tenor of a certain note of 
even date herewith, then this raorto-age shall 
be void. 

In witness whereof, we the said Lawrence, 
Huse and Bragdon, have subscribed the same 
this twenty-third day of January, in the year 
our Lord eighteen hundred and fifty. 

Signed, Edwin Lawrence, 

William H. Huse, 
Joseph H. Bragdon. 
Executed and delivered in presence of 
Albert Frye, Gardner N. Cobb. 
Newburyport, Oct. 14, 1850, at 4 o'clock 
25 minutes, P. M., leceived and recorded in 
the Book of Records of Mortgages, lib. 5 
folio 174, and examined by Eleazer Johnson, 
Town Clerk. 

A true copy of record. 

Attest, Eleazer Johnson, City Clerk. 

Know all men by these pre.«ents, that we, 
Edwin Lawrence, William H. Huse and Jo- 
seph H. Bragdon, all of Newburyport, in the 
county of Essex, and Commonwealth of Mas- 
sachusetts, for and in consideration of the 
sum of five hundred dollars paid by Caleb 
CusiiiNG, of said Newburyport, the receipt 



whereof we do hereby acknowledge, have 
granted, sold and assigned, and do by these 
presents grant, sell and assign unto the said 
Caleb Gushing, the following described goods 
and chattels, viz., the type, presses and fix- 
tures in the Newburyport Daily Union Office, 
at No. 3 State street, in said town, viz , one 
Adams Power Press, value SI 000 ; two 
Tufts Patent Presses, value each S1275 ; all 
type and fixtures used in the newspaper and 
job printing dejiaitments of said office, to- 
gether with the books and accounts beloneins; 
to or pertaining to said office. 

To have and to hold the aforedescribed 
goods and chattels to the said Caleb Gushing, 
his executors, administrators and assigns for- 
ever. And we, the said Lawrence, Huse 
and Bragdon, do avouch ourselves to be the 
lawful owners of said goods and chattels, and 
have good right to sell and dispose of the 
same in manner aforesaid. 

Provided, nevertheless, that if the said 
Lawrence, Huse and Bragdon, their execu- 
tors or administrators, shall pay unto the said 
Caleb Gushing, his executors, administrators 
or assigns, the said sum of five hundred dol- 
lars, according to the tenor of a certain note 
of hand of even date herewith, then tjiis 
mortgage shall be void. 

In witness whereof, we, the said Edwin 
Lawrence, William H. Huse and Joseph H. 
Bragdon, have subscribed the san;e, this 
eighth day of October, in the year of our 
Lord one thousand eight hundred and fifty. 
Signed, Edwin Lawrence, 

William H. Huse, 
Joseph H. Bragdon. 
Executed and delivered in presence of 
F, Lawrence, J. Q. A. Stone. 
Newburyport, Oct. 14, 1850, at 4 o clock 
25 minutes, P. M., received and recorded in 
the Book of Eecoids of Mortgages, lib. 5. 
folio 175, and examined by Eleazer Johnson, 
Town Clerk. 

A true copy of record. 

Attest, Eleazer Johnson, City Clerk. 

Another fact has come to my knowledge, 
proving Mr. Gushing's influence in the dis- 
pensing of patronage. The columns of the 
Boston Times exhibit long lists of lucrative 
government advertising. I have been in- 
formed upon undoubted evidence, that Caleb 
Cushing's name has been found as endorser 
upon the notes of George Roberts, the pro- 



8 



prieter of that paper, and that Mr. Gushing 
has been forced to settle demands, brought 
against him in consequence. The advertis- 
ing will now pay the notes. The Times, 
Bay State and Union, are all Coalition 
newspapers, and have thus been aided and 
sustained by Caleb Cushing. These appoint- 
ments are Abolition appointments. Is the 
President responsible, or has Gushing deceiv 
ed him ? Is there any need of more proof of 
Cushing's Coalitionism ? More can be found. 
It is known that Mr Gushing made a show 
of opposing- Chas. Sumner's election as 
Senator. It is not generally known that it 
was but a show. The Democratic State 
Convention met at Worcester on the 20th 
day of August, 1851. This was the first 
Convention of the party since the election 
of Chas. Sumner. Now was the proper 
time to pass a resolution of censure against 
that election. The National Democrats 
wished to do so. The coalitionists of course 
opposed. Gen. Gushing joined the last 
party, and made a speech advocating har- 
mony at any sacrifice. This is the exact 
policy of the present administration, and 
shows who has deceived the President. — 
The National Democrats were beaten by 
Gushing and his Free Soil allies, and no 
resolution was passed. Within a year 
General Gushing ivas appointed Judge of 
the Supreme Coiert by Gov. Boutwell, acoaU- 
tiofiist, and confirmed by a Free Soil Coun- 
cil. Thus we behold General Gushing for- 
mally adopted into the coalition party, re- 
dicing ojjice from them ; sustaining their 
policy in conventions; lending money on 
mortgage to their presses ; assisting other 
Free Soil presses to pay mortgages to lead- 
ing Frie S dlers ; and endorsing notes and 
giving 1 atronage to proprietors of leading 
Coalition organs. Can a man be mork of a 

CoALITIONlSr ? 

And now let us look at his course at Bal- 
timore. Well known to be a friend of Hon. 
Robert Rantoul, Jr's, when the vote took 
place upon the right of Mr. Rantoul to a 



seat in the Convention, Mr. Gushing was 
taken suddenly ill, and remained so for two 
hours, until the question was decided, when 
he as suddenly recovered. Thus he left his 
seat to his substitute, a violent coalitionist, 
B. F. Butler of Lowell, who voted for Mr. 
Rantoul. Mr. Gushing was also forced to 
leave Baltimore for home before either 
nominee or platform was adopted, and even 
before Franklin Pierce had received a single 
vote for nomination, and thus the Con- 
vention lost his valuable services. This is 
his position at the present time. Let us 
glance at his opinions, as expressed in the 
past. 

On the 27th and 2Sth of February, 1834, 
a series of resolutions were before the Mas- 
sachusetts Legislature, on the subject of 
the administration of Andrew Jackson, and 
his removal of the deposits. Mr. Gushing 
made himself conspicuous by several speech- 
es on the occasion, and thus poured out his 
bitterness on the President : 

Doubtless the gentleman, or any other 
friend of the administration, who sees the 
President growing heady with unmerited 
elevation, intoxicated with flattery and 
power, and breaking forth into transports 
of ungovernable passion, would gladly shut 
his eyes to the humiliating proofs of his 
unfitness for the exalted statiin he occupies. 
[February 28. Mass. Legislnturc] 

And what is the style of this President 
of the people, this reforn)ing and constitu- 
tional President? That tieitherpers7iasion, 
nor coercion, nor the opinio >is (f the people, 
nor the voice of the Legislature, could shake 
his fixed determination Assuredly, arro- 
gance like this, from the lips of a constitu- 
tional ruler, is aliKe unheard of and intol- 
erable. Pray, what is the President ? Is 
he some Asiatic despot lording it over his 
crouching slaves? Does he wield an here- 
ditary sceptre? What giddy madness has 
seized upon a simple elected chief magis- 
trate with limited constitutional functions, 
that he should dare thus to address the sov- 
ereign people in words of menace or dicta- 
tion, and in the tone of a master? I, An- 
drew Jackson, have said it; my will shall 
be law ; I care not for the miseries or the 
remonstrances of the people ; I care not 



9 



for Congress ; I care not for the constitu- 
tition. And this, forsooth, is the people's 
President, the democratic President? Phse- 
ton like he rashly thiows himself into the 
chariot of State, and dashes i4indly on, 
scattering dismay and ruin around him ; 
but his disastrous career must and will end. 
although it is- dealing forth terrible retribu- 
tion on those who willed or suffered that he 
should govern the Union. [Feb. 2S. Mass 
Legislature.] 

I have several extracts from his speeches 
on various occasions, which 1 propose to 
read, and shall proceed to take them up in 
connection with the Baltimore platform. — 
That being the creed of the Democratic 
party, and adopted by the President, upon 
his accepting the nomination, as the basis of 
his administration, let us glance at the pe- 
culiar fitness of Caleb Cushing to be his 
agent in carrying it out. The seventh reso- 
lution of the Baltimore Platform is as fol- 
lows : 

" That we are decidedly opposed to taking 
from the President the qualified veto power, 
by which he is enabled, under restrictions 
and responsibilities amply sufficient to guard 
the public interest, to suspend the passage 
of a bill whose merits cannot secure the ap- 
proval of two-thirds of the Senate and 
House of Representatives until the judg- 
ment of the people can be obtained thereon, 
which has saved the American people from 
the corrupt and tyrannical domination of the 
Bank of the United States, and from a cor- 
rupting system of general internal improve- 
ments." 

On February 27, 1834, Gen. Cushing, 
in the Massachusetts Legislature, thus holds 
forth : 

"In the President's unparalleled exercise 
of the veto power, for but twice using which 
Louis XVI. was hurled by the French from 
his constitutional throne, — in his unparallel- 
ed disregard of the opinions of the Senate 
and House of Piepresentatives, in the unpar- 
alleled political experiment he is now try- 
ing, at the expense of the people and the 
laws of the Union, — in all this the gentle- 
man perceives the democratic character of 
the Pn sident. [See 7th Res. Bait. Platform. 

The 6th section of the 3d resolution is as 
follows . 



" That Congress has no power to charter 
a National Bank ; that we believe such an 
institution one of deadly hostility to the best 
interests of the country, dangerous to our 
republican institutions and the liberties of 
the people, and calculated to place the busi- 
ness of the country within the control of a 
concentrated money power, and above the 
laws and the will of the people ; and that 
the results of Democratic legislation in this 
and all other financial measures upon which 
issues have been made between the two 
politicnl parties of the country, have demon- 
strated to candid and practical men, of all 
paities, their soundness safety, and utility 
in all business pursuits." 

The 7th tectiim of the 3d resolution is as 
follows : 

" That the separation of the monies of 
the Government from banking institutions 
is indispensable for the safety of the funds 
of the Government and the rights of the 
people." 

Mr. Cushing, on the other hand, in his 
speech on the Post office Bill, delivered in 
the House of Representatives, August 25, 
1841, thus holds forth : 

" In that revolution Mr. Cushing contend- 
ed as he felt sure the gentlemjan from Ten- 
nessee, (Mr. Arnold) and the gentleman from 
Virginia (Mr. Botts,) contended for the suc- 
cess of great principles, and for the success 
of the men representing those principles, 
and in whose persons those principles 
should be embodied and made incarnate. — 
He contended for both. The individuals for 
whom he, in common with those gentlemen, 
had f-poken, an i written and labored, were 
placed in power, and therefore there is no 
question here as to men, but only as to 
principles; and if the allegation of the 
gentleman from Virginia is justified by the 
fact, it must be upon some question of prin- 
ciple that these men were to be charged with 
treachery to their party, to their friends and 
their country." — Speech on the Post Office 
bill. Aug. 25, 1S41. 

Mr C. admitted that throughout the con- 
troversy, at any rate wherev'^r he was, and 
he addressed public assemblies in many of 
the States, and on numerous occasions, he 
admitted the \Vh\g party condemned the 
currency measures of Mr. Van Buren's ad- 
ministration ; they undertook to change its 
n^easures and to introduce better ones; 
they denounced the Sub Treasury. 



10 



Mr. C. said he had voted for both the Bank 
bills which had passed this House. He had 
done so, not because he approved entirely 
either of those bills, but because there was 
nothing in hi-s past or present opinions to 
prevent him from acquiescinjj; in that respect 
in the wishes of a inujority of his political 
friends in the House. He believed, f(ir him- 
self, tSat a U. States Bank, duly constituted 
and with pnip:'r guards, was one, but not the 
only mode of settling the currency ques- 
tion." — Same Speech, page 8. 

Finally vee have swept from the statute 
book, not only the Sub Treasury act — the sole 
measure of Mr. Van Buren's administration 
— bur also the Deposit act, the chief mea- 
sure of General Jackson's second period ; 
and have thus effectually put the stamp of 
the public reproh.ition upon all the finan- 
cial policy of the last administrations. 

May 20 and 21, 1840, Mr. Gushing de- 
livered a speech in the House of Keprcsenta- 
tives against the sub treasury and in favor of 
a National Bank. 

Monday, Aug 9, 1841— The bill to re- 
peal the Sub-Treasury Law passed by 134 
ayes to 87 noes — Mr. Gushing in the affir- 
mative. 

JWonday, Aug. 23, 1841— The Fiscal 
Bank bill passed, 125 to 04 — Mr. Gushing 
in the affirmative. 

Friday, Sept. 10th — The vote on the pas- 
sage of the Fiscal Bank bill, notwithstanding 
the Pie&idcnt's veto, was 103 yeas to 71 
nays — Mr. Gushing in the affirmative. 

In the 6th resolution of the Baltimore 
Platform, the following opinions are express- 
ed as the Democratic creed : 

Resolved, That the proceeds of the Pub- 
lic Lands ought to be sacredly applied to the 
Natiinal objects specified in the Gonstitu- 
tion ; and that we are opposed to any law for 
the distribution of ^uch proceeds among the 
States, as alike inexpedient in policy and re- 
pugnant to the Gonstitution. 

Yet we find Mr. Gushing, in the speech 
before alluded to, thus doclainihig : 

"In the second plnee, we have passed the 
Land Distiibutiun Bill, which in his, Mr. 
G.'s eye, if it had no other merit, was en- 
titled to the highest consideration in being. 



at the same time, a permanent prospective 
pre-emption bill." 

On Monday, May 23, 1836, the question 
pending, was the motion of Mr. Williams, of 
Kentucky, to refer the resolutions (of State 
of Kentucky on that subject) to the Gommit- 
tee of Ways and Means, with' instructions to 
report a bill distributing the proceeds of the 
sales of the public lands among the several 
States, &c Upon this Mr. Gushing ad- 
dressed the House at great length, commenc- 
ing : " He was favorable to a distribution of 
the revenue among the several States. He 
showed that there would be a surplus of some 
millions to divide." And upon a test mo- 
tion to lay the instructions of IMr. Williams, 
with the resolutions, on the table, Mr Gush- 
ing voted no. 

Jan. 14, 1836, Mr. Gushing introduced 
the following resolutions : 

Resolved, That for the purpose of reliev- 
ing the whole people of the United States 
from the inconveniences attending the pres- 
ent relatinn of the Federal Government to the 
Federal domain, and at the same time secur- 
ing to the old and new States alike, their just 
and lawful rights therein, the Select Gommit- 
tee on the Public Lands be instnictrd to con- 
sider the expediency of providing for the 
division of the said donioi?! at/wng the sev- 
eral States of the Union, according to the 
following principles, viz : 

[Then follow seven sections, defining the 
manner.] 

Tuesday, July 6, 1841, the Land Distri- 
bution Bill passed, 116 to 108, Mr. Gushing 
in the affirmative. 

Again, on the same occasion, we find his 
opinions thus expressed on the Revenue Bill 
of 1841 : 

" Then we had passed the Revenue Bill, 
and he would say in regard to that, though 
he voted for it with extreme reluctance, on 
account of various objections of detail, and 
with the greater reluctance, because in that 
vote he diflered from some of his respected 
colleagues, yet he thought it was due to prin- 
ciple that, at all hazards of personal or party 
popularity, we should not shamble on from 
indebtedness to indebtedness, and should at 



11 



otvce piovirlc means to meet the debts and 
carry on the business of the Government." 

Ytt the 4th section of the 3J resolution 
thus lays down the Democra'ic doctrine : 

" That justice and sound policy forbid the 
Federal Government to foster one branch of 
industry to the detriment of any other, or to 
cherish the interests of one portion to the injury 
of any other portion of our common country." 

Saturday, July 16, 1842. The vote on 
the Tariff Bill was 116 to 112, Mr. Gushing 
in the afHrmative. 

Wednesday, Aug, 17, 1842. The ques- 
tion being on the passage of the above bill, 
notwithstanding the President's veto, the vote 
was 91 to 87, Mr. Gushing in the aflfirmative. 

On xMonday, Aug. 22d, 1842, the Tariff 
Bill (the High Tariff of that year) passed 
by a vote of 105 to 103. Mr. Gushing in 
the affirmative. 

I have thus shown the last known opin- 
ions of Caleb Gushing upon several of the 
subjects embraced in the Bultimore Platform. 
I have proved that so far as is known at the 
pfe.«ent time, he is a Whig upon those sub 
jects ; but one more remains. I accused him 
of being an Abolition agitator. I must give 
my reasons. We have found him the last 
few years a Coalitionist ; let us see what he 
was from 1835 to the end of his Gongression- 
al career. It is well known that the agita- 
tion of the slavery question, then in its infan- 
cy, was carried on at that time under cover 
of the right of petition. Dituaion petitions 
were ptesmted in Gongress, and the subject 
was agitated by the fj lends of abolition under 
the pretence of vindicating the right of peti- 
tion. Let us follow Mr. Gushing in his 
course on this subject Every vote on this 
subject I have collected, and will lay before 
you in a short summary, together with an ex- 
tract from a speech of that gentleman on the 
25th of January, 1836, and if you can find 
a stronger threat of agitation than is contain- 
ed in that speech, then lam much mistaken. 

Dec. 10, 1835, Mr. Fairfield, of Maine, 
presented an abolition petition. Laid on the 



f 

table, 180 to 31 ; Fierce yes, Adams and 
Cushbig in the negative. 

Motion to print laid on the table ; 168 to 
50; Pierce yes, Adams and Cashing no 

Friday, Dec. IS, 1835, Mr. Jackson, of 
Mass , presented an al>olition petition. D< c. 
21, 1835, this came up and was laid on the 
table, 140 to 76. Pierce voting yes, Adams, 
Gushing. Jackson and Hoar voting no. 

Dec 23, 1835, a similar petition wa.s laid 
on the table, 144 to 07. Pierce ye.<, Adams 
and Gushing no. 

Jan. 6, 1830, Mr. Jarvis. of Maine, moved 
(in substance) that " this House ought not 
to entertain abolition petitions." It was 
moved to lay this on the table Not c iiried, 
66 to 123 Adams and Gushing vot;d yes. 

Jan. 13, 1836, a motion to lay the above 
on the table failed again. 58 to 156 Adams, 
Gushing and Hoar, voting yes, F. Pierce no. 

Jan. 25. Motion to lay the q^iestion of 
receiving an abolition petirion on the able, 
passed 143 to 44. F. Pierce yes, Adams, 
Gushing, &c., no 
Speech of C. Cushiiis; on the Right, of 

Petition for the AhoJition of Slavery and 

the Sla ve Trade in -the District of Colum- 
bia, Ja,nuary 25, 1836. 

We have been told that the prayer of the 
petitioners is for a thing which the Constitu- 
tion does not permit to Congress, and so the 
pe'.ition itself should not be received. 1 ask 
the Hou.se how it appears that we have no 
right, by the Constitution, to le^!;islate upon 
the subject matter of the petition ? It may \ e 
so, and it may n(;t One member of the 
House has earnestly averred that it is, anoth- 
er that it is not. Which of tbem is right ? 
I confess, for myself, that I cannot think it 
becomes the House to decide either way, up- 
on the mere %j)se dixit of individual members. 
Besides, the petition calls in question not 
only slavery, but also the commerce i7i slaves. 
And will any gentleman affirm that the slave 
trade of the District is among those holy 
things which Congress may not constitution- 
ally handle ? Is tbis District set apart by 
the Constitution, under whatever changes of 
opinion or fact the progress of civilization 
may introduce, to be unchangeably and for- 
ever a general slave market for the rest of the 
Union? I confess,that I, again, am disappoint- 



12 



ed in that. Among all the confidentthlngssaid 
in deniul of the constitutional powers of Con- 
gress in this matter, there has not been, so 
far as I remember, any systematic argument 
on the perfectly distinct branches of the 
double constitutional question involved in it, 
namely — the slave property and the slave 
traffic in this District And what shall be 
said of our constitutional power in the pur- 
chased territories mider the jurisdictioutof 
the Uni/ed States, [Is not this the Wilmot 
Proviso?] to which some of these petitions 
apply ? And what clause of the Constitu- 
tion restricts the rio;ht of petition to coustitu- 
tional things? This house cannot grant be- 
yond i*s powers ; these are limited by the 
Constitution ; but the people may petition 
for anything ; for the right of petition is, by 
the Constitution, secured for ever against any 
and every limitation or restriction. 

Men of Virginia, countrymen of Wash- 
i^inton, of Patiick Henry, of Jefferson, of 
Madison, will ye be true to your consti'ution- 
al faith? Men of New York, will ye ride 
over the principles of the Democracy ye pro- 
fess? Men of the West, can ye prove re- 
creant to the spirit of sturdy independence 
which carried you beyond the mountains ? 
Men of New England, I hold you to the doc- 
trines of liberty wbich ye inherit from your 
Puritan forefathers. And if this House is 
to be scared by whatever injluence^from its 
duty to receive and hear the petitions of the 
people, THEN I shall send my voice beyond 
THE walls of this Capitol for redress. 
To the people I say, your liberties are in 
danger ; they whom you have chosen to be 
your representatives are untrue to their trust ! 
Come ye to the rescue ! for the vindication 
of your right of petition, to you I appeal; to 
you, the people wno sent us here, whose 
agents we are, and to whoiu we shall return to 
render a reckoning of our stewardship, and 
who are the true and only sovereigns in this 
republic. 

On Feb. 8th, 1836, the question arising 
to refer all petitions, &c., to a select Com- 
mittee, Mr. Gushing voted yes. 

Immediately after, the second part of the 
resolution coming up as follows — " with in- 
structions to report that Congress possesses 
no constitutional authority to interfere in any 
way with the institution of slavery in any of 
the States of this confederacy " — Mr. Gush- 



ing had stepped out, and his name is not found 
recorded. 

On the third branch — " And that in the 
opinion of this House, Congress ought not to 
interfere in any way with slavery in the dis- 
trict of Columbia " — Mr. Gushing reappears 
with Adams, Jackson anfl. Phillips, voting 
no to the above. 

And on the fourth branch — " Because it 
would be a violation of the public faith, un- 
wise, impolitic and dangerous to the Union " 
— Mr. Gushing voted against its adoption, 
with his brother Abolitionists, Adams, Jack- 
son and Phillips — while upon the whole of 
the above F. Pierce is found in the affirma- 
tive. 

May 20, 183G, on the following -.—Re- 
solved, That Congress ought not to interfere 
in any way with slavery in the District of 
Columbia — Franklin Pierce voted yes, Gush- 
ing, Jackson, Phillips, &c , no; and upon 
the resolve to lay all petitions, &c , on the 
table without further action, Franklin Pierce 
voted yes. Gushing and friends no. 

Monday, Dec. 26, 1836, Mr. Adams pre- 
sented a petition for the abolition of slavery 
and the slave trade in the District of Colum- 
bia, which was laid on the table, 110 to 30. 
Franklin Pierce in the affirmative ; Adams, 
Gushing, Jackson in the negative. 

January 9, 1837, Mr. Adams presented 
another similar petition, which was tabled, 
150 to 50. Pierce voted yes; Gushing, Ad- 
ams and Phillips no 

Jan. 18, 1S37, Mr. Hawes moved that 
"all Abolition patitions, &c., be laid on the 
table without being printed or referred, and 
that no further action be had thereon," upon 
which Franklin Pierce voted yes ; Gushing, 
Adams, Phillips, voted no. 129 to 69. 
Passed . 

On Saturday, Feb. 11, 1837, tha House 
voted 100 to 35 against receiving a petition 
from slaves, as it would be " disregarding 
its own dignity, the rights of a large class of 
citizens of the South and West, and the 
Constitution of the United States." Upon 



13 



this last quoted Franklin Pierce voted aye, 
Gushing, Adams, Jackson and Phillips voted 
no. 

Tuesday, Dec. 12, 1837, Mr. Adams pre- 
sented a petition for the abolition of slavery 
in the District of Columbia. Laid on the 
table, 135 to 70. Adams, Gushing, Phillips 
voted no. 

Thursday, Dec. 21, 1837, Mr. Patton 
having moved in substance that all abolition 
petitions should be laid on the tuble without 
further notice, Cnshing and Phillips voted 

110. 

On the 11th day of December, 1838, 
Charles G. Atherton, of New Hampshire, in- 
troduced a series of resolutions into the House 
of Representatives, to the reception of which 
Caleb Gushing objected, but which were ad- 
mitted under a suspension of the rules in 
spite of his objection, and among which were 
the following : 

2. Resolved, That petitions for the aboli- 
tion of slavery in the District of Columbia 
and in the Territories of the United States, 
and against the removal of slaves from one 
State to another, are a part of a plan of ope- 
rations set on foot to affect the institution of 
slavery in the several States, and thus indi- 
rectly to destroy that iastitution within their 
limits. 

3. Resolved, That Congress has no right 
to do that indirectly which it cannot do di- 
rectly ; and that the agitation of the subject 
of slavery in the District of Columbia, or the 
Territories, as a means, and with the view, of 
disturbing or overthrowing that institution in 
the several States, is against the true spirit 
and meaning of the Constitution, an infringe- 
ment of the rights of the States afiiicted, and 
a breach of the public faith upon which they 
entered into the confederacy. 

5. Resolved, therefore. That all attempts 
on the part of Congress to abolish Slavery in 
the District of Columbia or the Territorie.'*, or 
to prohibit the removal of slaves from State 
to State, or to discriminate between the insti- 
tutions of one portion of the confederacy and 
another, with the views aforesaid, are in vio- 
lation of the Constitution, destructive of the 
fundamental principle on which the Union of 
these States rests, and beyond the jurisdiction 
of Congres3 ; and that every petition, memo- 



rial, resolution, proposition or paper, touching 
or relating in any way, or to any extent what- 
ever, to slavery as aforesaid, or the abolition 
thereof, shall, on the presentation thereof, 
without any further action thereon, be laid 
upon the tab e, without being debated, print- 
ed or referred. 

These resolutions introduced by Mr. Ather- 
ton, of New Hampshire, in whose recent 
election as Senator, Gen. Pierce interested 
himself so actively, were received by a sus- 
pension of the rules in the face of an ob- 
jection by Caleb Gushing, and upon each 
and every one of these, his vote (Mr. G's.) is 
found recorded in the negative, with Adams, 
G'ddings and other abolitionists. 

On Friday, Dec. 21, 1838, Mr. Gushing 
moved to amend the journal as follows: 

Insert therein — " Mr. Gushing presented 
a petition from Joseph Young and others, of 
Salisbury, in the State of Massachusetts, 
which was laid on the table under Mr Ather- 
ton's resolutions; and on presenting the 
same Mr Gushing protested that in submit- 
ting to the application of said rule to this 
petition, he yielded not to power, conceiving 
said resolution not to be constitutional, and, 
therefore, in itst-lf purely null and void ; but 
which motion the Speaker decided to be out 
of order." 

Which motion was rejected, 14 to 174, 
Adams, Gushing, Giddings, in the affirma- 
tive. 

On Dec. 13, 1S38, Mr. Slade, of Ver- 
mont, submitted the following : 

Whereas, There exists and is carried on be- 
tween the ports in the District of Columbia, 
and other parts of the United States, and 
under the sanction of the laws thereof, a 
trade in human beings,whereby thousands of 
them are annually sold and transported from 
said District to distant parts of the country, 
in vessels belonging to citizens of the United 
States, arid whereas such trade involves an 
outrageous violation of hunian rights, is a 
di.-<grace to the country by uliose laws it is 
sai.ctioned,and calls for immediate interposi- 
tion of legislative authority for its suppres- 
sion ; therefore to the end that all obstacles 
to the consideration of this subject may be 
removed, and a remedy for the evil speedily 
provided, 

Resolved, That so much of the fifth resolu- 



14 



tion of the subject of slavery, passed by this 
House on the llih and 12ih of the present 
month, as rehites to the ' removal of slaves 
from Stare to State,' and prohibits the action 
of this House on ' every petition, memorial, 
resolution, proposition or paper touching' 
the same, be and hereby is rescinded. 

Objections being made, Mr.S. moved a sus- 
pen>iun of the rules, and Adams and Cusk- 
ing and Giddings voted for a suspension 
unsuccessfully. 

Mr. Culhoun of Kentucky, introduced a 
resolution, the same day, to make it unlawful 
to aid fugitive slaves to escape, and on a sus- 
pension of the rules to receive this, Messrs 
Adams and Cushing voted no, while, strange 
to say, Giddings could not go so far, but vot- 
ed yes. 

On Monday, January 7th, 1889, Mr. Cush- 
ing presented the petition of Peter Sanborn 



United States, which it cancels and abridges, 
and a violation of the privilege df speech and 
of debate, rightfully apperiaining to the mem- 
bers- of this Hou>e, which it forecloses and 
abolishes ; and therefore that so much of the 
resolution be and the same is hereby declared 
unconstitutional and merely void, and of null 
effect. [Mr. Cushing wished to debate ] 

Dec. 30, 1S39, Mr. Wise's Resolution 
(Atherton's) being before the Heuse, Mr. 
Cushing voted against suspending the Rules 
to receive it. 

Dec 31, on Mr. Coks's (the s;ime purport) 
Mr. Cushing Voted no, as also on Mr. Wise's 
a second time. 

Jan. 14, 1840, Mr. Thompson of S. C. 
offering the same, Mr Cushing voted in the 
negative. 

Jan. 28, 1840, Mr Adams offered a reso- 
lution which was amended on motion of Mr. 



and others, of Reading, in the St.>te of Mas- 1 Johnson of Marjlnnd, by striking out all after- 
sachusetts, pra} ing the House to rescind the the word resolved, and itiserting a resolve 
re.solution of the 12th of December la.'^t, and ' against entertaining abolition petitions "in 
moved that said memorial, together wiih the av.y way whatever " On this latter resolve 



resolves of the State of Massachusetts on tlie 
ritfht of petition and debate, pres- ntcd to the 
House on the 28th of May last, and not 'inally 
acted on by the Hi use, bo referred to the 
committee of the whole on the state of the 
Union, with instnictions to con>idcr the ex- 
pediency of adopting tlie fiUowingnsolutions, 
viz. Then follow four resolutions, the three 
first of which state iu substance that the right 
of petition and debate is a right guaranteed bj 
the Constitution, and that Congress has no 
ri^ht to limit it, and the fourth and last reso 
iution is as follows : 

Resolved^ therefore, That all that part of 
a certain resolutinn of the House of Represen- 
tatives adopted on the 12th day of Dtuomber 
last, which provides that 'every petition, 
memorial, resolution, proposition or paper," 
of a pre>ciibed class, " shall, on the presen- 
tation thereof, without any further action 
therton, be laid on the tabic withijut being 
debatefl, printed or refened,'' is a violation 
of the fig'its of the States, whose official com- 
niuiiicati ns of said class it excludes from due 
and proper consideration ; a violation of thi 
right of petition iuLeieut iu the people of the 



Adams, Cushhig and Giddings voted 7io. 

Dec. 23, 1840, Mr Jamts of Pennsyl- 
vania presented an abolition petition, and 
moved a suspension of the Rules th t it might 
be received. Mr. W. Co.st John.<ion moved 
to lay this on the table. Upon thi.s Adams, 
Cushing and Giddings voted no. 

June 7. 1841, Mr. Adams offered an 
amendment to a resolution of Mr Wise, 
which was to stiike out the 21st rule, [Mr. 
Atherton's in substance] upon which the vote 
was 112 yes to 104 no Messrs. Adams, 
Cushing, Giddings;. in the affirmative. June 
10, 1841, upon a motion to reconsider the 
rtbove, Messrs Adams, Cushing and Gid- 
dings voted no. 

On June 14, 1841, on a motion to recon- 
-■■ider, the vote was lOG ayes to 104 nays, 
Adams, Cushing and Giddings, in the nega- 
tive. June 15, 1841, the question rt curring, 
Mr. Cushing made a speeci against the pre- 
vious question, and in favor of Mr. Adams, 
and on the vote upon Mr. Adams's amend- 
ment of June 7 again being taken, it was re- 



15 



jected, lOG to 1 10. Adams, Cashing anr! 
Giduings in the affirmative. 

Dec. 14, 1841, Mr. .Adams presented aii 
abolition petition, which he moved to refer to 
a select committee. On motion to lay this 
on the table, Adams, Cushivg and Giddings 
voted no. 

On Tuesday, Jan. 4, 1842, Mr. Adams's 
motion of Dec 14, 1841, coining up, was laid 
on the table, 115 to 84. Adams, Cushing 
and Giddings in the negative Syrae twent)' 
other petitions arising were laid on the table 
by difTtrent votes, Adams, C?<s/<i«y and Gid- 
dings always in the negative. 

Jan. 18, 1842, Mr. Henry presented an 
abolition petition, which was laid on the table, 
93 to 75, Adams, Cushing and Giddings in 
the negative. 

Dec. G, 1842, Mr. Adams moved to rescind 
the 21st rule. Upon laying this on the table, 
Messrs Adams, Cushivg and Giddings vot- 
ed no 

Dec 8, 1842, Mr Adams's motion of Dec. 
G condiig up, on motion *o hiy it on the table, 
Adams, Cushing and Gidiiings, voted no. 

Dec. 12, 1842, the motion to lay Mr. 
Adams's motion of Dec 6, 1842, on the table 
again recurring, it was carried, 106 to 102, 
Adams, Cushivg and Giddings, again in the 
negative. 

It will be found on referring to the Balti- 
more Platform, that this is directly f>pposed 
to the fourth and fifth resolutions of that Con- 
vention. 

But it may be said, Mr. Cushing haschang 
ed bis opinions since then How do we know ? 
The latest recorded opinions, which I have 
been able to obtain, of Mr Cushiiig's, are 
such as have been quoted just now, tnd where 
is the proof that he h.ss changed ? Mr. Cush- 
ing remained cornpatatively quiet after the 
administration of iVlr Tyler, till, in 1847, 
owing to his warm adoption of the policy t.f 
the Mexican war, the Democratic Convention 
of Massachusetts nonjinated him for Governor. 
It occasioned a great deal of dissati-factionat 
the time. How well the party liked it, and 



how well they sUj sported him, may be fou"nd 
in the fact, that out of 54.228 votes, which 
the Democrats of Massachusetts threw in 1844 
for George Bancroft for Governor, Mr Cush- 
ing received at his first trial — in 1847 — but 
39,398, and, upon further reflection, but 
26,G95 voters were induced to suppot him, 
and his further nomination became iiiipi'Ssilile, 
save at the certain risk of the utter dis()ru:ani- 
zation <if the pariy. The Democrats of Massa- 
chu>et:s know Caleb Cushing too well ro place 
any confidence in him. It was with this 
brand upon him that he entered General 
Pierce's Cabiiiet. 

And now he is attempting to regulate the 
fu'ure cour.-e of the Democratic party. Let 
us ^ee what his idea of a political paity is. 
In 1841 he was in the full tide of success. 
The Whigs had achieved a victory, and he 
was the oihcial spokesman. As such, in his 
speech of August 25, 1841, he defines his 
ideas of a party : 

"It was upon the broad and great platform 
of opposition to the administration, and of 
conciliation toward each other, that the mem- 
bers of the Whig party, entcriaining them- 
selves opiniovs of every shade of di fj'ere7ice, 
and associated in their past history with every 
diversity of party. — it was upon this lofty 
platform that thiy hud planted the banner of 
Harrison and Tyler, and rallied around it as 
the great symbol of union and of victory for 
the whole people of the United States " 

Again after stating t^at he voted for both 
Bank bills, he says : 

" But whilst himself pur- uing this course, 
he did not conceive that, becau^e any gentle- 
man niight have happened to differ from him, 
therefore he had any right to denounce any 
such gentleman. He abjured, for instance, 
all claim of right to denounce the gentleman 
from Kentucky, (Mr. Marshall. ) or his col- 
league from Massachusetts, (Mr. Adams,) 
because they had seen fit to vote against the 
fiist Bank bill. They had put their votes 
upon considerations of conscience and honor; 
he believed them to be sincere then, and he 
believed so still. Thus putting their votes 
upon their conscience and honor, though thus 
differing from the great body of their friends, 
no man had a right to arraign their conduct, 



16 



or insinuate any charge of treachery. And 
in the same way that those t^o gentlemen had 
a right to differ -with their party associates on 
the Bank bill, so had his colleagues, (Mr. 
Winthrop and Mr. Saltonstall,) in regard to 
the Ileveuue bill. So also had the gentlemen 
from Georgia a right to act on their separate 
judgment of the Land bill; and the gentlemen 
from Kentucky and Virginia on the Bankrupt 
bill. So he contended was the President of 
the United States entitled to the same right 
of conscience, and to exercise the same privi- 
lege of individual judgment in his legislative 
action, on bills presented to him by Congress, 
and to approve them or not, according to his 
conscientious convictions of what is or is not 
constitutional or just." 

This is bis idea of what a party should be — 

" composed of every shade of difference of 

opinion," 

"Black spirits and white, blue spirits and gray, 
Mingle, mingle, mingle — ye that mingle may." 

This is what he wishes the Democratic party 
to be. This is what he has deceived the 
President into adopting, and for this purpose, 
feeling that the Democratic party will resent 
this policy, he is about to hurry the adminis- 
tration into a war — as is evident from his 
remarks at Newark — that in the glory of suc- 
cessful military achievements the errors of the 
Cabinet may be forgotten. This, gentlemen, 
is the Mexican discipline Brigadier General 
Cashing wishes to enforce- upon the Demo- 
cratic party. The head of the party is to be 
thru.st into Free Soil for his benefit. The 
party is to be broken "up, that renegade Whigs 
may stand upon a level with tried Demo- 
crats. 

But it will be said we are opposing the 

Pre-ideat. But no, we are opposing the 
Cabinet, and those who have stolen in there 
by deception. And if we were opposing the 
admioistration, let rae refer Mr. Gushing to 
his own ideas of Democracy, as portrayed in 
his speech of February 27th, 1834, in the 
Massachusetts Legislature : 

'' Sir, one gentleman who opposed the 
consHeration of them, has rep oached us 
with ' oppugnation to the powjr.'^ that be,' 
and he tauntingly demanded of us ' whether 
it bo pleasant for old Massachu etts always 



to be in a minority ?' And whether she is 
content to ' lose influence ' by expressing 
opinions unpalatable to the administration ? 
When, afterwards, I heard the same gentle- 
man talk of principles, of his principles, of 
democratic principles, I could not but con- 
sider, with something of wonder, though with 
more of amusement, the inconsistency of his 
professions upon this head. Are we to laud 
the President to the skies, right or wronor, in 
order to obtain credit at Washington ? Is this 
principle ? Are we to chain our consciences 
and our opinions to the car of a triumphant 
military chieftain ? Are we to kiss the mailed 
heel that treads upon our necks, and tramples 
us into the earth ? Is this ' democracy V So 
have not I learned democracy. I had strange- 
ly imagined that we were to act conscien- 
tiously, according to our conscientious convic- 
tions ; that we should not palter with duty by 
stifling its voice ; and that, minority though 
we might be, in reference to the present ad- 
ministration, wo enjoyed the consolatory con- 
sciousness of obeying the dictates of a high 
and solemn regard for the eon.^titution'jl lib- 
erties of the land. If to saeritice principles, 
conscience, duty, for the sake of ' influence ' 
with the executive, be the ' democracy ' of 
which that gentleman speaks, 1 desire none 
of it ; and of the party success he flourishes 
before us, we may say, as the old lioman 
did, ' Victrix causa diis placuit, sed victa 
Catoni.' 

And now, gontlonien, T am done. I started 
by asserting th »t Caleb Gushing was a W'^hig, 
a Coalitionist, and an abolition agitator. I 
have laid my proofs before you, and you must 
judge. And now, what shall be done V Shall 
we yield to the pressure arouni'l us ! Shall 
Mr. Gushing force us into Coalltionisra ? — 
Proscribed at Washington, read out of the 
party at home, .shall wo yield one jot or one 
tittle of the principle we have adopted ? No I 
DO ! ! a thousand times no ! ! ! Let us keep up 
our organization. Let us nominate our can- 
didates. Let us nail our flag to the matt, 
and wait for better times Yet, Democrat.*, 

" Your banner torn but flying, 
Stream-! lika the thunder storm (f/ainst the wind : 
YtiUT trumpet voice, though broken now and dying, 
Th" loud sc SI ill — t^ie tempest leaves behind. 
Your tree hath lost its blossoms, and the rind, 
Ciiopprd l>y the axe, looks roagh and little worth; 
But the sap lasts and still the seed we tiiid, 
Sown deep ev, n in the UPorf^uAhe north ; 
So shall a b tt^r Sprin;^ iHb owtcfcHTiit bring forth." 



I 



